Alabama Mechanic Lien Law: Complete Guide
Your Complete Guide to Mechanic Lien Rights Under Alabama Code §35-11-210 et seq. — Private Works, Payment Bonds & Public Projects
Alabama mechanic lien deadline table with toggles for project type and claimant type.
Alabama Preliminary Notice & Mechanic Lien Deadlines
Select your project type and role to see the deadlines that apply to you.
Prime Contractor — In privity with the property owner
File the Verified Statement of Mechanic Lien with the judge of probate in the county where the property is located within 6 months after the last item of work or labor has been performed.
Commence suit to enforce the mechanic lien within 6 months after the date the entire amount became due.
Preliminary Notice
Mechanic Lien
File the Verified Statement of Mechanic Lien with the judge of probate in the county where the property is located within 6 months after the last item of work or labor has been performed.
Enforcement
Commence suit to enforce the mechanic lien within 6 months after the date the entire amount became due.
Alabama Mechanic Lien Law Overview
Alabama construction mechanic lien rights are governed by Alabama Code §35-11-210 et seq. This statutory framework protects the payment rights of original contractors, subcontractors, materialmen, laborers, and lessors of machinery and equipment who furnish labor, services, or materials for the improvement of real property in the State of Alabama. Alabama also provides a separate Lessor's Mechanic Lien under §35-11-430 for equipment rental providers.
Alabama mechanic lien law distinguishes between original contractors and lower-tier claimants such as subcontractors, materialmen, and laborers. Original contractors enjoy broader mechanic lien rights without requiring preliminary notice, while subcontractors and materialmen must comply with specific Preliminary Notice and Notice of Intent requirements to preserve their full mechanic lien rights under §35-11-210. Foreign corporations not qualified to do business in Alabama may not enforce a mechanic's lien in Alabama courts.
The Alabama mechanic lien statute establishes a structured system of preliminary notices, mechanic lien filing deadlines, and enforcement timelines that must be strictly followed. Alabama also provides payment bond claim procedures for public works projects under Alabama Code §39-1-1, requiring bonds of at least 50% of the contract amount for contracts of $50,000 or more. Additionally, Alabama permits mechanic liens on public funds owed by a public entity to the general contractor under certain circumstances.
National Lien & Bond provides authoritative guidance on every aspect of Alabama construction mechanic lien compliance, from Preliminary Notice requirements through Verified Statement of Mechanic Lien filing, public works bond claims, and mechanic lien enforcement proceedings.
Topics on This Page
Alabama Mechanic Lien Law: Key Topics
Navigate the critical compliance areas for Alabama construction mechanic lien law.
Notice Requirements
Statutory preliminary notice obligations for private works and public works bond claims under Alabama law
Mechanic Lien Deadlines
Verified Statement of Mechanic Lien filing requirements, deadlines by claimant type, and statutory form requirements
Mechanic Lien Enforcement Deadlines
Suit commencement deadlines, public works bond claim enforcement, and mechanic lien on public funds procedures
Frequently Asked Questions
What types of construction mechanic lien rights are available in Alabama?
Alabama provides several construction mechanic lien remedies including: (1) Mechanic's Lien under §35-11-210 et seq. for private works, (2) Lessor's Mechanic Lien under §35-11-430 for equipment rental, (3) Mechanic's Lien on public street improvements by private owners under §35-11-410 et seq., (4) Payment Bond claims for public works under §39-1-1, and (5) Mechanic Lien on Public Funds owed to general contractors on public projects.
What is the difference between an original contractor's mechanic lien rights and a subcontractor's mechanic lien rights in Alabama?
In Alabama, original contractors enjoy broader mechanic lien rights: no preliminary notice is required, no Notice of Intent is needed, and they have six months to file a Verified Statement of Mechanic Lien. Subcontractors and materialmen must serve a Preliminary Notice to preserve full mechanic lien rights (§35-11-210), may need to serve a Notice of Intent to File a Mechanic Lien Claim if no Preliminary Notice was given (§35-11-218), and generally have only four months to file (laborers have 30 days). §35-11-215.
How does Alabama's public works payment bond requirement work?
For public works contracts of $50,000 or more, Alabama Code §39-1-1 requires the contractor to furnish a payment bond equal to or greater than 50% of the contract amount. All persons supplying labor, materials, or supplies for the work may make a claim against this bond. No preliminary notice is required, but a 45-Day Bond Claim Notice must be sent via registered mail to the contractor and surety before suit is filed.
Can a subcontractor file a mechanic lien on public funds in Alabama?
Yes. Alabama allows subcontractors and materialmen to file a Verified Statement of Mechanic Lien on unpaid funds owed by a public entity to the general contractor. The same Preliminary Notice rules that apply to private works also apply. The mechanic lien must be filed within four months of last performance (30 days for laborers). However, the mechanic lien does not extend to the real property of the public entity — only to the unpaid balance of funds. Martin v. Holtville High, 145 So.2d 491 (1933).
What are the key deadlines I need to know for Alabama mechanic's liens?
The key Alabama mechanic's lien deadlines are: (1) Original Contractor must file Verified Statement of Mechanic Lien within 6 months of last performance (§35-11-215); (2) Subcontractor/Materialman must file within 4 months of last performance (§35-11-215); (3) Laborer must file within 30 days (§35-11-215); (4) All claimants must commence suit within 6 months after maturity of entire debt (§35-11-221); (5) Public works bond suit must be filed within 1 year of final settlement (§39-1-1(b)).
Does Alabama require waste disposal services to be covered by the mechanic's lien statute?
Yes. Alabama Code §35-11-210 has been amended to include waste disposal services and equipment at construction sites as subject to mechanic's liens. This means providers of waste disposal services on construction projects may have the right to file a mechanic's lien for unpaid services, subject to the same notice and filing requirements as other claimant categories.